Volume 24, Issue 1 (1-2017)                   EEBL 2017, 24(1): 1-7 | Back to browse issues page

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Pati S, Sugumaran S. Human Rights Obligations of Non-State Actors in Areas of Limited Statehood. EEBL. 2017; 24 (1) :1-7
URL: http://europeansp.org/article-18-86-en.html
Hidayatullah National Law University, Uparwara Post, Naya Raipur, Chattisgarh – 492002, India
Abstract:   (46 Views)
Our understanding of governance remains, explicitly or implicitly, confined to an idea of modern statehood- one where exists a right to administer, mandate and impose the decision of a democratic sovereign. Outside the realms of developed societies, however, we find regions best understood as ‘Areas of Limited Statehood’ where governance requires involvement of non-state actors in the regulation of socio-political issues. The notion of justice impresses a duty that everybody’s basic rights are institutionally protected and the obligation to protect a citizen’s human rights is upon the state. Failing to do so, it is incumbent upon the international community, as a subsidiary obligation, to protect these rights. However, in areas of limited statehood, the existence of these rights often goes unrecognized. This problem is magnified because the apparatus is ill-equipped to cope with such obligations. In the absence of a sovereign government, the formal political authority falls upon new actors and role of governance is fulfilled by non-state actors (NSA). The question arises whether and to what extent are non-state actors such as NGOs, Multinational Corporations, violent armed militias, religious groups and transnational diaspora communities filling up the void of an absent government bound by International Law and the human rights obligations presupposed. The principal argument is that non-state actors indeed have an obligation and this paper seeks to examine the proximate relationship between such actors and their social environment in determining the scope of such obligations. © 2016 The Authors. Published by European Science publishing Ltd. Selection and peer-review under responsibility of the Organizing Committee of European Science publishing Ltd.
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Received: 2019/08/7 | Accepted: 2019/08/7 | Published: 2019/08/7

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